If I’m interested in registering a trademark that has already been registered by 2 different companies, is it still possible to register the trademark if I’m in a different sub-category?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m interested in registering a trademark that has already been registered by 2 different companies, is it still possible to register the trademark if I’m in a different sub-category?
My product (as well as their’s) is in the general food category but my product is in a different subcategory from either of their products.
Asked on July 7, 2015 under Business Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is unlikely, but not impossible, that you could register it: even if you are in a different "subcategory" of food, the fact that you are still in the food "space" means that there is a reasonable likelihood of consumer confusion, and trademark registration will not be granted in the face of a reasonable chance of customer confusion. There are ways you can increase your likelihood of success, such as by:
* Alterating spelling
* Registering not just a work or slogan as a mark, but the word or slogan in conjunction with a unique graphic and/or typographical treatment (this narrows the mark's effective protection, but by narrowing it, also reduces the likelihood of confusion)
* Registering your main mark in conjunction with a subheading or title, so that the combination is more distinctive.
What mark to go with is a significant decision for a business, since you will invest marketing and advertising dollars in it, as well as put it on inventory or products. You are advised to consult with an intellectual property attorney and let him or her guide you in selecting a defensible, registerable mark.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.